Ken Blackwell on Crawford, the Indiana Voter ID Case, and a Brennan Center Response to Fraud Allegations

The former controversial Ohio Secretary of State has penned this oped in the NY Sun. Among the statements made by Sec. Blackwell: “Briefs in the case show that the number of votes cast in Wisconsin in 2004 exceeded the number of registered voters by over 4,600. Since you can’t have more votes than you have voters, there was clearly fraud going on there.” I’d suggest that Mr. Blackwell read this new 75 page release from the Brennan Center, which analyzes every instance of fraud alleged in the Crawford briefs supporting the state. Concludes the Brennan Center:

    In briefing filed with the Supreme Court in the Crawford v. Marion County Election Board case, the State of Indiana and several of its allied amici again fail to justify Indiana’s photo ID law. They recite various examples of problems that the challenged law would not solve. They fail, however, to provide any evidence that in-person impersonation fraud–the only misconduct that photo ID rules could possibly prevent — is a problem, let alone one justifying the burdens of a restrictive photo ID rule.
    In these submissions, it is easy to get distracted by noise. The briefs–submitted by the State of Indiana, the U.S. Department of Justice, the Attorney Generals of nine states, a national political party, members of Congress, various election officials, and several nonprofit organizations — contain more than 250 citations to reports of election problems.
    But not one of the sources cited shows proof of a vote that Indiana’s law could prevent. That is, not one of the citations offered by Indiana or its allies refers to a proven example of a single vote cast at the polls in someone else’s name that could be stopped by a pollsite photo ID rule.
    Even including suspected but unproven reports of fraud, the State and its allies have uncovered remarkably little evidence of any misconduct that Indiana’s law could prevent. Out of almost 400 million votes cast in general elections alone since 2000, the briefs cite one attempt at impersonation that was thwarted without a photo ID requirement, and nine unresolved cases where impersonation fraud at the polls was suspected but not proven. Nine possible examples out of hundreds of millions — and these nine cases might just as well have been due to clerical error. Not one of these cited reports occurred in Indiana.

[Disclosure: I filed an amicus brief supporting the petitioners in this case.]

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